HomeMy WebLinkAboutZC 01-12; Lockett, Randall; 2005-0183321; Notice of RestrictionRECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
1
City Clerk 1
CITY OF CARLSBAD 1
1200 Carlsbad Village Drive 1
Carlsbad, California 92008-1 989 1
DOC # 2005-01 83321
MAR 04,2005 450 PM
OFFICIAL RECORDS
5AN DIEGO COUNTY RECORDER'S OFFICE IGREGORY ,J SMITH COUNT'( RECORDER
PAGES
FEES 22 00 6
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Space above this line for Recorder's use
Parcel No. 206-020-08
Project Number and Name: Villa Paradisio
ZC 01 -1 2/LCPA 01 -1 2/CT 02-1 1 / CP 02-07/SDP 01 -1 3/CDP 01 -38
NOTICE OF MULTI-IMPACTS
The undersigned Owner is the Developer and/or Holder of the Title to Certain Real Property
in the City of Carlsbad, County of San Diego, California, more fully described as:
That portion of Lot 6 in Block S of Palisades Number Two, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No
1803, filed in the Office of the County Recorder of San Diego County, on
August 25, 1924
The following NOTICES are contained in this document:
NOTICE CONCERNING PROXIMITY OF THE EXISTING TAMARACK
AVENUE TRANSPORTATION CORRIDOR
NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
1. NOTICE CONCERNING PROXIMITY OF THE EXISTING TAMARACK AVENUE
TRANSPORTATION CORRIDOR
RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of vehicles including public
and private vehicles, which will generate noise and other environmental impacts.
B. The property is located adjacent to the Tamarack Avenue Transportation
MULTINOISE.FRM '1 Rev. 0811 7/04
Corridor (hereafter described as corridor) on which transportation vehicles such as
automobiles, trucks, motorcycles and/or vehicles for rail and transit are proposed to travel.
C. Owner has no control over the operations of the corridor including the types
of vehicles, trips and traffic, nor the frequency of the trips.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of its proximity to the corridor and the fact that purchasers may be subject to the
impacts of said proposed transportation corridor.
NOW THEREFORE, in light of the above Recitals, owner does, for itself, and its successors
and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with CT 02-11
approved by the City of Carlsbad, which approval includes the requirement of the City of
Carlsbad, that the development of the property be consistent with the Land Use Element
and Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the
corridor, including without limitation, the types or number of vehicles operating on the
corridor.
3. That the vehicle operations on the corridor may create significant impacts
affecting the purchasers, tenants and occupants of the property and that purchasers,
tenants and occupants of the property reside there subject to sight and sound of vehicle
operation.
4'. The property shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved subject to this Notice. This Notice shall run with the
property and shall be binding upon all parties having or acquiring any right, title or interest
in the property.
5. The purpose of this notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of vehicles including public
and private vehicles, which will generate noise and other environmental impacts.
Purchaser acknowledges and accepts these existing and future impacts and forever waives
any and all causes of action against the City of Carlsbad, and covenants not to sue the City
of Carlsbad, its agents, servants or employees as to any damages or injuries resulting from
said impacts.
II. NOTICE CONCERNING AIRCRAFT ENVIRONMENTAL IMPACTS
RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of aircraft including public
and private aircraft which will generate noise and other environmental impacts.
...
MULTINOISE.FRM 2 Rev. 0811 7/04
6. The property is located approximately 3.25 miles from the McClellan-Palomar
Airport, City of Carlsbad, San Diego County (the "Airport"), operated by the County of San
Diego, through which are conducted certain aircraft operations on and about said Airport
and over real property in the vicinity of the Airport.
C. Owner has no control over the operations of the Airport, including the types
to aircraft, flight, the flight patterns of the aircraft, nor the frequency of the flights.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the air flight operation and the fact that purchasers may be subject to
overflight, sight and sound of aircraft operating from the Airport.
NOW, THEREFORE, in light of the above Recitals, as developer and owner of the property,
does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with CT 02-1 1,
approved by the City of Carlsbad, which approval includes the requirement of the City of
Carlsbad, that the development of the property is consistent with the Land Use Element
and Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility of control over the operation of the Airport,
including without limitation, the types or number of flight operations, types of aircraft
(including jet aircraft), timing of flight operation, or frequency of flights.
3. The property shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or acquiring any
right, title or interest in the property.
4. The purpose of this Notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of aircraft including public
and private aircraft, which will generate noise and other environmental impact. Purchaser
acknowledges and accepts these existing and future impacts and waives any and all
causes of action against the City of Carlsbad, and covenants not to sue the City of
Carlsbad, its agents, servants or employees as to any damages or injuries resulting from
said impacts.
111. NOTICE CONCERNING RAILROAD ENVIRONMENTAL IMPACTS
RECITALS
A. The purpose of this notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of trains, which will generate
noise and other environmental impacts.
B. The property is located adjacent to the North County Transit District Railway,
City of Carlsbad, San Diego County through which are conducted certain railway
operations on and about said railway.
Owner has no control over the operations of the Railroad, including the types C.
MULTINOISE.FRM 3 Rev. 08/17/04
of equipment nor the frequency of the trains.
D. It is the desire of Owner to give notice to any potential purchaser of the real
property of the Railroad operation and the fact that purchasers may be subject to vibration,
sight and sound of trains operating on the Railroad.
NOW THEREFORE, in light of the above Recitals, as developer and owner of the property,
does, for itself, and its successors and assigns, give the following notice:
1. Owner has and shall develop the property in accordance with CT 02-11
approved by the City of Carlsbad, which approval includes the requirement of the City of
Carlsbad, that the development of the property is consistent with the Land Use Element
and Noise Element of the General Plan of the City of Carlsbad.
2. That Owner has no responsibility or control over the operation of the
Railroad, including without limitation, the types or number of trains, timing of, or frequency
of trains.
3. That the train operations of the Railroad may create significant environmental
impacts affecting the purchasers, tenants and occupants of the property and that
purchasers, tenants and occupants of the property reside there subject to such vibration,
sight and sound.
4. The property shall be held, conveyed, hypothecated, encumbered, leased,
rented, used, occupied and improved subject to this Declaration and Notice. This Notice
shall run with the property and shall be binding upon all parties having or acquiring any
right, title or interest in the property.
5. The purpose of this Notice is to disclose to the fullest extent possible present
and future potential impacts of noise generated by all manner of trains, which will generate
noise and other environmental impacts. These transportation corridor impacts currently
include, but are not limited to, locomotive and train noise, vibration and other effects
generated by approximately 50 trains per day including whistle, bell, wheel, braking, and
grade crossing protection noise, vibration, and lighting impacts generated from said trains.
These impacts are projected to increase substantially during the period of years between
2000 and 2020, and beyond, as passenger and freight train traffic increases in the corridor.
Purchaser acknowledges and accepts these existing and future impacts and forever waives
any and all causes of action and covenants not to sue the City of Carlsbad, its agents,
servants or employees as to any damages or injuries resulting from said impacts.
...
...
...
MULTINOISE.FRM 4 Rev. 08/ 17/04
IN WITNESS WHEREOF, these Declarations of, I) Notice of corridor traffic, sight and
sight and sound; and Ill) Notice of train vibration, sight and sound; II) Notice of aircraf
sound are made this j(p day of F-bheY I20 os. -k
*OWNER:
(print name here) -
-taoD&&T4"
(title and organizational of signatory)
Bv:
(sign he re)
(print name here)
(title and organization of signatory)
(Proper notarial acknowledgment of execution by Contractor must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations. Otherwise, the corporation must attach a resolution
certified by the secretary or assistant secretary under corporate seal empowering the
officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument).
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
Df$y City Attorney
MULTINOISE.FRh4 5 Rev. 081 17/04
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On F4lov4*v I b, zms before me,
EI;2QM-wG QOQ*StC/S - Notary Public, personally appeared
, [drsonally known to me - or [ I proved
to me on the basis of satisfactory evidence to be the personts) whose name(s)
idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacityties), and that by
his/her/their signature(s) on the instrument the personts), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
MULTINOISE.FRM 6 Rev. 08/17/04